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High Court to hear KPMG’s class action transfer fight
High Court 2024-03-08 2:21 pm By Christine Caulfield

KPMG has won its application for the High Court to weigh in on the relevance of a contingency fee order in determining a bid to transfer a shareholder class action from Victoria to NSW.

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Virgin can stay investor class action if funder doesn’t show proof of funds
Class Actions 2024-03-01 9:18 pm By Cindy Cameronne

A judge has ordered a litigation funder bankrolling an investor class action against Virgin Australia to show evidence it can meet a $10 million agreed indemnity with the airline, saying it was not being transparent about its financial position. 

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Not one email or text: Steller director denies existence of $120M personal guarantee
Construction 2024-03-01 3:23 pm By Sam Matthews

A former director of Melbourne-based developer Steller Developments has denied liquidators’ claims that he agreed to give a $120 million personal guarantee before the company went under, saying there was “not one single contemporaneous document” referring to the alleged guarantee. 

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ASIC wins bankruptcy orders against ‘ASX Wolf’ Tyson Scholz
Financial Services 2024-02-29 5:50 pm By Cat Fredenburgh

The Australian Securities and Investments Commission has won sequestration orders against Gold Coast ‘finfluencer’ Tyson Scholz after he failed to pay the regulator’s costs in proceedings that resulted in him being permanently barred from carrying on a unlicensed financial services business.

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ASIC sued by Forex liquidators looking to claw back $20M fine
Restructuring & Insolvency 2024-02-15 5:32 pm By Sam Matthews

In a case believed to be the first of its kind, the liquidators of boiler room trader Forex Capital Trading have sued ASIC, seeking to claw back over $20 million in fines and costs they says constituted unfair preference payments and should be distributed among the company’s out-of-pocket clients. 

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Big Un financier admits 3 million share purchase, denies knowledge of stock manipulation
Restructuring & Insolvency 2024-02-07 11:43 pm By Cindy Cameronne

Sydney financier First Class Capital has admitted it acquired three million shares in former market darling Big Un but has denied liquidators’ claims that the purchase was part of a fraudulent design to inflate the share price ahead of the video start-up’s collapse.

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Contingent nature of deal with law firm no excuse for liquidator’s late approval bid: court
Restructuring & Insolvency 2024-01-30 11:28 pm By Cindy Cameronne

A judge has refused to retroactively approve a conditional costs agreement between a liquidator and a Sydney law firm to pursue claims against a former director and employee of defunct project management firm AJW, rejecting as misconceived the claim that approval had utility only after a settlement.

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Ochre liquidator can serve missing directors by email, judge says
Restructuring & Insolvency 2024-01-26 1:46 pm By Sam Matthews

A judge has given a liquidator the green light to use substituted service to serve court documents on two directors of failed iron ore producer Ochre Group whose exact whereabouts are unknown, amid concerns about transactions leading up to the company’s collapse.

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Canberra developers can’t muzzle ASIC over disqualification
Real Estate 2024-01-25 10:24 pm By Cindy Cameronne

Two former directors of a Canberra property development group have lost their bid to bar ASIC from announcing their disqualification, with a tribunal finding this would keep financiers and creditors “in the dark” and make the market less transparent.

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Businesses should brace for roll-on effects of COVID-19, says insolvency expert
Restructuring & Insolvency 2024-01-23 11:30 pm By Cindy Cameronne

COVID-19 lockdowns may have ended years ago but the impacts on small businesses are only now being seen, with larger companies likely to suffer a “contagion effect” in 2024, says K&L Gates’ newest partner.

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